Opinion
088064
02-02-2024
IN THE MATTER OF JOSHUA F. MCMAHON AN ATTORNEY AT LAW (ATTORNEY NO. 043282005)
ORDER
The Disciplinary Review Board having filed with the Court its decision in DRB 22-169, recommending that Joshua F. McMahon of St. Petersburg, Florida, who was admitted to the bar of this State in 2005, and who has been retired from the practice of law since February 21, 2023, should be suspended for a period of two years for violating RPC 3.2 (failing to treat all persons involved with the litigation process with courtesy and consideration) (two instances), RPC 4.4(a) (engaging in conduct that has no substantial purpose other than to embarrass, delay, or burden a third person) (two instances), RPC 8.2(a) (making a statement with reckless disregard for the truth or falsity thereof concerning the qualifications of a judge) (two instances), and RPC 8.4(d) (engaging in conduct prejudicial to the administration of justice);
And the Disciplinary Review Board having further recommended as conditions precedent to reinstatement that respondent should (1) demonstrate respondent’s fitness to practice law, as attested to by a medical doctor approved by the Office of Attorney Ethics, and (2) within sixty days of the Court’s order enroll in an anger management course approved by the Office of Attorney Ethics and submit proof of attendance to the Office of Attorney Ethics;
And Joshua F. McMahon having been ordered to show cause why respondent should not be disbarred or otherwise disciplined;
And the Court having determined that a one-year suspension from the practice of law is the appropriate quantum of discipline for respondent’s unethical conduct; And good cause appearing;
It is ORDERED that Joshua F. McMahon is suspended from the practice of law for a period of one year, and until further order of the Court, effective March 4, 2024; and it is further
ORDERED that prior to reinstatement respondent shall provide proof to the Office of Attorney Ethics of (1) respondent’s fitness to practice law, as attested to by a medical doctor approved by the Office of Attorney Ethics, and (2) respondent’s completion of an anger management class approved by the Office of Attorney Ethics; and it is further
ORDERED that respondent comply with Rule 1:20-20 dealing with suspended attorneys; and it is further
ORDERED that pursuant to Rule 1:20-20(c), respondent’s failure to comply with the Affidavit of Compliance requirement of Rule 1:20-20(b)(15) may (1) preclude the Disciplinary Review Board from considering respondent’s petition for reinstatement for a period of up to six months from the date respondent files proof of compliance; (2) be found to constitute a violation of RPC 8.1(b) and RPC 8.4(d); and (3) provide a basis for an action for contempt pursuant to Rule 1:10-2; and it is further
ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further
ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs and actual expenses incurred in the prosecution of this matter, as provided in Rule 1:20-17.